Arbitration – Whether the Gujarat Public Works Contract Disputes Arbitration Tribunal constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 ? Deepak Gupta & Aniruddha Bose, JJ. State of Gujarat v. Amber Builders, C.A. No. 8307 of 2019 08-01-2020
Armed Forces Tribunal Act, 2007 – Sections 14 (1) and 34 – Jurisdiction, powers and authority in service matters – Transfer of pending cases. Deepak Gupta & Aniruddha Bose, JJ. Shilpa Mittal v. State of Nct of Delhi, Crl.A. No. 34 of 2020 09-01-2020
Army Act, 1950 – Sections 16 and 69 -Armed Forces Tribunal Act, 2007 – Section 16 – Army Rules, 1954 – Rules 22 and 180 – Re-trial – Hearing of Charge – Procedure when character of a person subject to the Act is involved. L. Nageswara Rao & Ajay Rastogi, JJ. Union of India v. Ex No. 3192684 W Sep. Virendra Kumar, C.A. No. 9267 of 2019 07-01-2020
Code of Criminal Procedure, 1973 – Section 227 – Legal principles applicable in regard to an application seeking discharge. Sanjay Kishan Kaul & K.M. Joseph, JJ. M.E. Shivalingamurthy v. Central Bureau of Investigation, Crl.A. No. 957 of 2017 07-01-2020
Code of Criminal Procedure, 1973 – Section 439 (2) – Bail – Cancellation of – Scope of the power to be exercised in the matter of cancellation of bails. L. Nageswara Rao & Hemant Gupta, JJ. Myakala Dharmarajam v. State of Telangana, Crl.A. No. 1974 of 2019 07-01-2020
Constitution of India – Article 300 A – To forcibly dispossess a person of his private property, without following due process of law, would be violative of a human right, as also the constitutional right. Indu Malhotra & Ajay Rastogi, JJ. Vidaya Devi v. State of Himachal Pradesh, C.A. No. 60 – 61 of 2020 08-01-2020
Eviction – Subletting – Onus to Prove – When the eviction is sought on the ground of subletting, the onus to prove subletting is on the landlord – If the landlord prima facie shows that the third party is in exclusive possession of the premises let out for valuable consideration, it would then be for the tenant to rebut the evidence. Ashok Bhushan & M.R. Shah, JJ. A. Mahalakshmi v. Balavenkatram, C.A. No. 9443 of 2019 07-01-2020
Hindu Succession Act, 1956 – Sections 4(b), 6, 19 and 30 – Hindu Minority & Guardianship Act, 1956 – Sections 6 and 8 – Natural guardians of a Hindu minor – Powers of natural guardian – Devolution of interest in coparcenary property – Mode of succession of two or more heirs – Testamentary succession – When two or more heirs succeed together to the property of an intestate, they shall take the property per capita and as tenants in common and not as joint tenants. Deepak Gupta & Aniruddha Bose, JJ. M. Arumugam v. Ammaniammal, C.A. No. 8642 of 2009 08-01-2020
Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 2 (33) – Meaning of – Whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a ‘heinous offence’. Deepak Gupta & Aniruddha Bose, JJ. Balkrishna Ram v. Union of India, C.A. No. 131 of 2020 09-01-2020
Land Acquisition Act, 1894 – To forcibly dispossess a person of his private property, without following due process of law, would be violative of a human right, as also the constitutional right under Article 300 A of the Constitution. Indu Malhotra & Ajay Rastogi, JJ. Vidaya Devi v. State of Himachal Pradesh, C.A. No. 60 – 61 of 2020 08-01-2020
Motor Vehicles Act, 1988 – Whether, in the facts and circumstances of the case and in a case where the driver, owner and the insurance company of another vehicle involved in an accident and whose driver was negligent are not joined as parties to the claim petition, meaning thereby that no claim petition is filed against them and the claim petition is filed only against the owner and the insurance company of another vehicle which was driven by the deceased himself and the deceased being in the shoes of the owner of the vehicle driven by himself, whether the insurance company of the vehicle driven by the deceased himself would be liable to pay the compensation under Section 163A of the Act ? Ashok Bhushan & M.R. Shah, JJ. Ramkhiladi v. United India Insurance Company, C.A. No. 9393 of 2019 07-01-2020
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 18 – Merely because prosecution did not examine any independent witness, would not necessarily lead to conclusion that accused was falsely implicated. The evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status. N.V. Ramana & R. Subhash Reddy, JJ. Surinder Kumar v. State of Punjab, Crl. A. No. 512 of 2009 06-01-2020
Negotiable Instruments Act, 1881 – Section 148 – Power of Appellate Court to order payment pending appeal against conviction – Non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated. Ashok Bhushan & M.R. Shah, JJ. Surinder Singh Deswal @ Col. S.S. Deswal v. Virender Gandhi, Crl.A. No. 1936 – 1963 of 2019 08-01-2020
Partnership Firm – Where a tenant becomes a partner of a partnership firm and allows the firm to carry on business in the premises while he himself retains the legal possession thereof, the act of the tenant does not amount to subletting. Inducting the partner in his business or profession by the tenant is permitted so long as such partnership is genuine. If the purpose of such partnership is ostensible in carrying on business or profession in a partnership but the real purpose in subletting such premises to such other person who is inducted ostensibly as a partner then the same shall be deemed to be an act of subletting. Ashok Bhushan & M.R. Shah, JJ. A. Mahalakshmi v. Balavenkatram, C.A. No. 9443 of 2019 07-01-2020
Penal Code, 1860 – Section 302 read with Section 34 – Admission and acceptability of dying declaration: the principles. A.M. Khanwilkar & Dinesh Maheshwari, JJ. Purshottam Chopra v. State (Govt. of NCT of Delhi), Crl.A. No. 194 of 2012 07-01-2020
Penal Code, 1860 – Section 302 – Whether the case would fall under Section 304 IPC ? Held, the incident had taken place on the spur of the moment and after some altercation the accused took the lathi which was lying there and caused the injury on the head of the deceased. There does not appear any intention on the part of the accused to cause the very injury which ultimately led to the death of the deceased. There does not appear to be any premeditation or intention to kill the deceased. The death resulted due to injury in quarrel. Therefore, the case would fall under Exception 4 to Section 300 IPC. Ashok Bhushan & M.R. Shah, JJ. Ananta Kamilya v. State of West Bengal, Crl.A. No. 1930 of 2019 07-01-2020
Service Law – Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 – Regulations 4 (h) and 5 – Authority to institute disciplinary proceedings and impose penalties. S. Abdul Nazeer & Sanjiv Khanna, JJ. Canara Bank v. Kameshwar Singh, C.A. No. 66 – 67 of 2020 08-01-2020
Service Law – If the dependents opted for payment of gratuity for the term of service of the employee who died while in service, no compassionate appointment could be granted. Sanjay Kishan Kaul & K.M. Joseph, JJ. Indian Bank v. Promila, C.A. No. 2798 of 2010 08-01-2020
Service Law – the position taken by the Central Government not to grant substantive benefit for the duration of absence cannot be per se termed harsh and arbitrary. R.F. Nariman & S. Ravindra Bhat, JJ. Mangilal Kajodia v. Union of India, W.P. (C) No. 32 of 2020 08-01-2020
Specific Relief Act, 1963 – Injunction – Cardinal principles for grant of temporary injunction. Ashok Bhushan & Navin Sinha, JJ. Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LIP Ltd., C.A. No. 9346 of 2019 06-01-2020
WhatsApp – WhatsApp messages which are virtual verbal communications are matters of evidence with regard to their meaning and its contents to be proved during trial by evidence-in-chief and cross examination. The emails and WhatsApp messages will have to be read and understood cumulatively to decipher whether there was a concluded contract or not. Ashok Bhushan & Navin Sinha, JJ. Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LIP Ltd., C.A. No. 9346 of 2019 06-01-2020
Writ Jurisdiction – Efficacious Alternative Remedy – the principle that the High Court should not exercise its extraordinary writ jurisdiction when an efficacious alternative remedy is available, is a rule of prudence and not a rule of law. Deepak Gupta & Aniruddha Bose, JJ. Shilpa Mittal v. State of Nct of Delhi, Crl.A. No. 34 of 2020 09-01-2020